Hon’ble Mrs. Rumpa Mandal, Member.
The concise fact of the complaint case is that the Complainant Smt. Purnima Kundu, Ward No.9, Cooch Behar Municipality, P.O. & Dist- Cooch Behar. She purchased an insurance policy from the OP bearing policy No. 54197940, Plan Name. Reliance Nippon Life Milestone Plan. The said insurance policy was to be continued for a period of five years. On the other hand the OP is renowned insurance company under the name and style “Reliance Nippon Life Insurance Co. Ltd., Cooch Behar Branch” carrying on its business of insuring people with the general masses since long with unblemished career. On 21.11.2022 the Complainant paid her first premium of the said insurance policy to the OP amounting to Rs.60,300.26/-. (Annexure-B photocopy of first premium receipt). The staff of the OP i.e. Mr. Ankit Jaiswal (the then Branch manager) and Miss Madhurima Adhikary informed the Complainant that is she deposits her February, 2023 yearly premium amounting to Rs.60,000/- in advance then she will get a bonus price of Rs.82,000/- in the month of July/ August, 2023 then accordingly being persuaded by the staff of the OP i.e. Mr. Ankit Jaiswal and Miss Madhurima Adhikary she paid the February, 2023 premium amounting to Rs.60,000/- in advance but its very disheartening to say that even after paying the premium of February, 2023 in advance she still has not received the bonus price. (Annexure-C photocopy of second premium receipt). After two months of paying the advance premium of February, 2023 the Complainant received another policy bearing No.54246455 and through the perusal of the said policy documents the Complainant learnt that she had been cheated the second policy is a fake policy. The details of the nominee i.e. Mr. Pankaj Kundu such as fake email ID, fake photo, fake mobile number and fake medical certificate are all fake as such it is a fake policy the OP has cheated the Complainant. After this shocking discovery by the Complainant on 26.04.2023 approached the OP within the free look period i.e. within 15 days for cancelling this fraud policy and accordingly the OP assured the Complainant to cancel this fraud policy. But its very disheartening to say that in this direction no positive steps were taken from the end of the OP. The Complainant being frustrated and fed-up with the OP’s attitude of dilly-dallying and shilly-shallying with the Complainant in not cancelling the fake policy. She filed two written complaints before the OP through the way of email dated 08.05.2023 & 09.05.2023(Annexure-E/1 & E/2 photocopy of two emails sent to the OP). It is pertinent to mention here that after 12 days the Complainant visited the OP’s institution i.e. on 08.05.2023 then the Complainant learnt that her request of cancelling the fake policy had been rejected without affording the Complainant any reason for such cancellation the said action was utterly devoid of any reason at all. In the long run the Complainant finally to solve her rapid problem for cancelling the said fake policy filed a written complaint before the Assistant Director, Consumer Affairs & Fair Business Practices, Regional Office, Cooch Behar dated 22.05.2023. (Annexure-F photocopy of written complaint filed before the CA & FBP, Cooch Behar). After receiving the Complainant’s written complaint by the CA & FBP, Cooch Behar a date for tripartite medication was fixed but sadly the OP did not attend the said tripartite mediation. As a result of which the said mediation got dropped on 25.07.2023 due to “non-response on the part of the OP/yourself”. Hence, the Complainant was abstained from getting her problem regarding non-cancelling the fake policy be redressed (Annexure-G photocopy of order of mediation). Being compelled, the Complainant filed this case before the Ld. Commission, Cooch Behar for having proper justice against the negligence duties of the OP. The above activities of the OP is totally illegal. The cause of action for the present case arose on 18.11.2022 when the Complainant purchased an insurance policy, on 21.11.2022 when the Complainant paid her first premium of the said insurance policy and still continuing. The Complainant prayed for directing the OP to pay a sum of Rs. 2.5 Lakhs as compensation for the unfair trade practice, Rs. 5 Lakhs for deficiency in service, Rs. 5 Lakhs as compensation for mental pain, agony and unnecessary harassment and further directed to pay a sum of Rs.15,000/- towards cost of the proceeding.
As per order No.04 dated 04.12.2023 the case is decided to be heard ex-parte against OP.
The Complainant in order to establish the case proved the following documents in evidence.
Annexure- A series (A1 to A7 are the policy deed).
Annexure- B is the first premium receipt dated 21.11.2023.
Annexure- C is the second premium receipt dated 04.04.2023.
Annexure- D series D1 to D10 are the fake policy deed.
Annexure- E1 and E2 are of two emails sent to OP dated 08.05.2023 and 09.05.2023 by Complainant.
Annexure- F is the written complaint filed before the CA & FBP, Cooch Behar dated 22.05.2023.
Annexure-G is the order of mediation dated 25.07.2023.
The major allegation against the OP is that on 21.11.2022 the Complainant paid her first premium of the said insurance policy to the OP amounting to Rs.60,300.26/- (Rupees sixty thousand three hundred and twenty sis paisa only) and the OP informed the Complainant that if she deposits her February, 2023 yearly premium amounting to Rs.60,000/- (Rupees sixty thousand) in advance then she will get a bonus prize of Rs.82,000/- (Rupees Eighty two thousand only) in the month of July/ August, 2023 then accordingly, being persuaded by the OP, she paid the premium of February amounting to Rs. 60,000/- (Rupees sixty thousand) in advance but its very disheartening to say that even after paying the premium of February, 2023 in advance she still has not received the bonus prize. After two months of paying the advance premium of February, 2023 the Complainant received another policy bearing No. 54246455 and through the perusal of the said policy documents the Complainant learnt that she had been cheated the second policy. It is a fake policy the OP has cheated the Complainant. On 26.04.2023 Complainant approached the OP within the free look period i.e. within 15 days for cancelling this fraud policy and accordingly, the OP assured the Complainant to cancel this fraud policy. But its very disheartening to say that in this direction no positive steps were taken from the end of the OP. These allegations stand duly proved by oral and documentary evidence.
The entire oral and documentary evidence stands unchallenged and un-discarded in as much as the case is heard ex-parte.
As per terms and conditions of the first premium receipt, second premium receipt and policy the deed are categorically mentioned that these receipts are issued subject to the clearance of the cheque if payment is made by cheque.
In the light of aforesaid discussion and observation made in the foregoing paragraph a reasonable inference is drawn that the Complainant successfully proved the case as consumer against the OP. The OP informed the Complainant that if she pays second premium amounting to Rs. 60,000/- in advance then she will get the bonus prize of Rs.82,000/- and Complainant accordingly, paid the second premium amounting to Rs.60,000/- as per information of OP but sadly she did not get the bonus prize even today. Second premium amounting to Rs.60,000/- was paid by the Complainant for the said policy but Complainant was received a fake policy bearing No.54246455 , OP has committed unfair trade practice. So, the misdeed of the OP tantamounts to unfair trade practice.
Perused the pleadings of the Complaint and the documents in the case record. Heard, the argument advanced by the Ld. Advocate for the Complainant.
The statement made in the evidence on affidavit are absolutely in consonance with the averments made in the complaint petition.
The OP did not convert the specific allegation of the Complainant in his complaint, since the OP decided not to contest the case and did not file any written version, evidence on affidavit and written argument.
According to Annexure- D, the then Branch Manager, Ankit Jaiswal issued one fake policy bearing No. 54246455. The details of the nominee i.e. Mr. Pankaj Kundu such as fake email ID, fake photo, fake mobile number and fake medical certificate are all fake as such it is a fake policy. The OP has cheated the Complainant. The OP did not submit any document against these documents. So, the OP has committed the unfair trade practice and it is also established from the Complainant’s document that a reasonable inference is drawn and it is successfully proved the case as consumer against the OP. The premium amount of the insurance policies was paid by the Complainant and the amount has been deducted from the account of the Complainant and premium receipt has been given by the OP. The OP i.e. Branch manager did not deposit premium on behalf of the Complainant. The OP did not register the actual policy of the Complainant. Because there is no such policy as such it is fraud policy and the premium receipt is also fictitious. According to Annexure-D, OP issued a fake policy.
Accordingly, the complaint case succeeds ex-parte against the OP.
Hence, it is
Ordered
That the complaint case be and the same is allowed on ex-parte with cost.
The Complainant do get an award for a direction to the OP to pay Rs. 50,000/- as compensation for the unfair trade practice. The OP is further directed to pay Rs.30,000/- for deficiency in service, Rs.20,000/- as compensation for mental pain, agony and unnecessary harassment and cost of proceeding Rs.5,000/- total Rs.1,05,000/- (Rupees One Lakh Five Thousand only) within 30(thirty) days from the date of passing the Final Order to the Complainant failing which @ 6% interest will be paid by the OP on the awarded sum from the date of passing the order till the date of realization thereof.
D.A. to note in the trial Register.
Let a plain copy of this Order be supplied to the concerned party by hand/by Registered Post with A/D forthwith, free of cost, for information & necessary action as per rule.
The copy of the Final Order is also available in the official website: www.confonet.nic.in.
Dictated and corrected by me.
